Teal's Administrators v. Wills

Citations

• 37 Tex. 15

Syllabus

<p>In 1860 T.’s administrators sued M. on a note executed by him, partly for land and partly for personal property, and M. filed an answer in which he acknowledged that the land constituted part of the consideration of the note. This suit, as originally brought, was an ordinary action on the note as a mere money demand, without any claim of a vendor’s lien. Pending the suit, and subsequent to the filing of M.’s answer, he sold the land to W., for cash; and afterwards the plaintiffs amended, making W. a party defendant, and asserting their vendor’s lien. Held, that W., at the time he purchased the land, was not chargeable with constructive notice of the acknowledgment made by M. in his answer to the original petition.</p>